reaſon, and of ſociety, but has always been eſteemed an expreſs part of the common law of England, even when prerogative was at the higheſt. “The king,” ſaith Bracton[1], who wrote under Henry III, “ought not to be ſubject to man, but to God, and to the law; for the law maketh the king. Let the king therefore render to the law, what the law has inveſted in him with regard to others; dominion, and power: for he is not truly king, where will and pleaſure rules, and not the law.” And again[2]; “the king alſo hath a ſuperior, namely God, and alſo the law, by which he was made a king.” Thus Bracton: and Forteſcue alſo[3], having firſt well diſtinguiſhed between a monarchy abſolutely and deſpotically regal, which is introduced by conqueſt and violence, and a political or civil monarchy, which ariſes from mutual conſent; (of which laſt ſpecies he aſſerts the government of England to be) immediately lays it down as a principle, that “the king of England muſt rule his people according to the decrees of the laws thereof: inſomuch that he is bound by an oath at his coronation to the obſervance and keeping of his own laws.” But, to obviate all doubts and difficulties concerning this matter, it is expreſſly declared by ſtatute 12 & 13 W. III. c. 2. that “the laws of England are the birthright of the people thereof; and all the kings and queens who ſhall aſcend the throne of this realm ought to adminiſter the government of the ſame according to the ſaid laws; and all their officers and miniſters ought to ſerve them reſpectively according to the ſame: and therefore all the laws and ſtatutes of this realm, for ſecuring the eſtabliſhed religion, and the rights and liberties of the people thereof, and all other laws and ſtatutes of the ſame now in force, are by his majeſty, by and with the advice and conſent of the lords ſpiritual and temporal and commons, and by authority of the ſame, ratified and confirmed accordingly.”
And, as to the terms of the original contract between king and people, theſe I apprehend to be now couched in the corona-
